ENews: Volume 9, Issue 1, First Quarter, 2011

The JAN E-News is a quarterly online newsletter of the Job Accommodation Network. Its purpose is to keep subscribers informed about low-cost and innovative accommodation approaches; the latest trends in assistive technologies; announcements of upcoming JAN presentations, media events, trainings, and Webcasts; and legislative and policy updates promoting the employment success of people with disabilities.

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1 - Multimedia Accessibility & the Changing Workplace

Employers are using innovative ways to train and motivate workers to perform and be the best they can be. For example, videos and other forms of multimedia are often incorporated into company training, either online or at conferences, and used for promotional purposes. When using videos as training tools, it is important to keep accessibility in mind in order to ensure that all workers, including workers with disabilities, can benefit from the video's message or participate in training.

When developing accessible multimedia, start with the question, "How can the media be useable by as many people as possible?" Typically, there are three specific groups of people who can benefit from proactive steps taken to create accessible multimedia. These are people who are blind or visually impaired, who are deaf or hard of hearing, and who have cognitive challenges.

Accessible multimedia for people who are blind or visually impaired includes the integration of audio descriptions of the video, i.e., additional audio information is included to describe important visual elements of the film or video. People who are deaf and hard of hearing benefit from various forms of text captioning. There are "open" captions – visible to all viewers as they have been integrated or coded into the video – and "closed" captions – seen by only those who activate the captioning on their viewing screen. For people who have cognitive impairments, the accessibility solutions vary according to their particular challenge. However, oftentimes simpler visuals are better, i.e., less Adobe Flash.

For the broadest accessibility, videos need to be audio described (including DVD selection menus), captioned, and contain the least amount of complex visuals or flash. With proper planning and a high level of skill, all of these features may be integrated into a single accessible version of a video. Or, multiple versions of the video may need to be considered. According to Skills for Access: The Comprehensive Guide to Creating Accessible Multi-media for elearning, "The best solution may be to provide separate 'accessible' versions of the media: including 1. video plus audio, 2. captioned video plus described audio, 3. described audio as a sound file (for example MP3)." (http://www.skillsforaccess.org.uk/howto.php?id=104)

When developing a training video, public service announcement, or other multimedia product, insure that the in-house development team understands the need for the piece to be captioned and audio described from the very beginning. And then, prior to production the developers should inform the rest of the team how the product will be made accessible. Accessibility being at the forefront of development will insure most effective captioning and audio description.

An example of an organization using separate accessible versions of a single multimedia product is the Campaign for Disability Employment (CDE). The CDE is a collaborative of leading disability and business organizations that works to educate employers, marketers, and others about the value that people with disabilities add to the workplace. With the support of DOL's Office of Disability Employment Policy, collaborative members developed a number of outreach products to promote employment of people with disabilities, including a video public service announcement (PSA) entitled, "I Can."

To view the various accessible PSA products generated by the CDE, go to: http://www.whatcanyoudocampaign.org/blog/index.php/video. Note how the three minute "I Can" PSA offers a description of the video in its entirety in advance of the video, thus making the video fully accessible.

When in question about an accessibility issue, remember that many organizations representing people with disabilities are willing to collaborate on these sorts of projects. Or, if you are a large corporation and have an employee resource group or affinity group for people with disabilities, consider calling upon a member of the group to serve on the development team for a new multimedia product.

2 - Going Green in the Workplace Series: Ideas for Improving More Than Just the Environment

The color green used to be just one of many that could be found in a box of crayons. Now it is associated with a movement toward altering the way we think and live. To "Go Green" is an effort to reduce our carbon footprint and raise awareness of how the use of everyday products can adversely affect our environment. The concept of going green has expanded from recycling old newspapers and milk cartons to the development of chemical free or low emission household cleaning products, electronics, appliances, cars, and even environmentally friendly homes. People of all ages have become eco-conscious in their thinking, which can positively impact more than just the environment.

For those individuals with multiple chemical sensitivity (MCS), fragrance sensitivity, or any number of respiratory disorders, the availability of green products can reduce the effects of exposure to harmful chemicals in the home, work environment, and public places.
Common symptoms of MCS, fragrance sensitivities, and allergies can include itchy or inflamed skin, fatigue, concentration or memory difficulties, irritability, nervous tension, depression, drowsiness, dizziness, insomnia, headaches, nasal congestion, muscle and joint aches, ringing in the ears, gastrointestinal distress, palpitations, and asthma attacks. Many times these symptoms can be severe enough to impact the individual's ability to perform everyday tasks, such as working, and it may be necessary to explore reasonable accommodations.

Exposure to a wide variety of chemicals can occur in any type of work setting. Fragrances in perfume, laundry detergent, and personal hygiene products are brought into the workplace by other employees or the public and a multitude of chemicals can be found in conventional cleaning products, carpets, paint, and furniture. While many employers are implementing some type of fragrance-free policy as an accommodation for employees, this may not always be a fail-safe solution. Additional steps can be taken to reduce exposure to toxic chemicals lingering in the workplace directly benefiting those who have made the accommodation request, indirectly benefiting all employees, and using the green strategies and products that have been developed over recent years. For example:

Replacing old carpet with sustainable materials, such as cork flooring, can reduce costs of cleaning and replacing traditional flooring while employees' exposure to the chemicals in cleaning products and floor adhesives is minimized.

Replacing office cleaning supplies, soaps, and detergents with fragrance-free products and discontinuing the use of office air fresheners promotes a healthy environment for all employees and any public visitors who may have chemical or fragrance sensitivities.

Providing portable air purifiers in areas that are high traffic or open to the public as an additional boost to the quality of air.

Opting to use chemical-free paints, which are easier to clean and dispose of (water or oil based). Because these products give off only a low odor when applied and are odor-free once dry, occupants would need to be out of the painted areas for a shorter amount of time than what may be necessary when using chemical-based paints.

Regularly checking air filters in the building's heating and cooling systems can reduce costly energy expenditures and ensure that all employees are breathing quality air.

In the past, these products may have been difficult to find but are now sold in major retail stores and can be readily found through online search engines. Although there is no requirement for manufacturers to list the ingredients, it may be beneficial to look for products that tell you what's not inside, for instance "No ammonia," "No chlorine," "No petrochemicals," and "No sodium lauryl or laureth sulfate." Independent groups such as Green Seal, Cradle To Cradle, the Leaping Bunny, and the EPA's Design for the Environment program analyze product ingredients and certify that those chemicals do not pose harm to your health or to the environment. These alternatives do not contain harmful ingredients and can be substituted for little to no added expense for conventional cleaners that often pose health hazards, especially for those who experience chemical and fragrance sensitivities. It may also be beneficial to ask an employee who has made an accommodation request if there is a specific product or manufacturer that she/he uses at home or that has been used in previous places of employment that has proven to be effective.

Choosing products that have been deemed as green (e.g., biodegradability, low toxicity, low volatile organic compound (VOC) content, reduced packaging, low life cycle energy use) and taking steps to reduce exposure in the workplace can minimize harmful impacts to employees and the public, improve indoor air quality, and reduce pollution while also ensuring the effectiveness of cleaning in removing biological and other contaminants from the facility. So, when evaluating accommodation requests or making purchasing decisions, remember that going green can be an easy way to make a positive impact on more than just the environment.
Resources include:

Go green, give your car a rest, and telework! That is the slogan the Telework Exchange is using to encourage workers to telecommute during the week of February 14-18, 2011. The Telework Exchange is a public-private partnership focused on demonstrating the tangible value of telework and serving the emerging educational and communication requirements of the Federal teleworker community. During a Webcast on December 15, 2010, teleworking was highlighted as a way to go green. Less traffic, as well as a reduction in energy consumption and more efficiency in employer operations are positive outcomes of telecommuting. Continued productivity during power outages, severe weather, and pandemic flu, as well as travel management, reducing the real estate footprint, and environmental friendliness are all viewed as advantages of teleworking.
The basis for the push to telecommuting is the Telework Enhancement Act (H.R. 1722) signed into law on December 9, 2010, by President Barack Obama.

Three primary groups that would benefit the most from teleworking were identified as veterans, individuals with disabilities, and service member spouses.
JAN consultants answer many questions daily about telework as an accommodation for persons with disabilities. Even if employers have no telework program in place, they must look at providing telework as an accommodation if it would be effective for the employee and not cause an undue hardship for the employer. The effectiveness of this accommodation will depend on whether the essential functions of the position can be performed at home. There are many obvious situations in which telework would not be effective. Jobs where the essential functions can only be performed at the worksite, such as food servers, drivers, and/or cashiers cannot be effectively accommodated by telework. Considerations such as the employer's ability to adequately supervise the employee or the employee's need to work with specialized equipment or tools may also help determine if telework would be an effective accommodation. The amount of time an employee works from home as an accommodation may be as varied as the individual, his or her disability, and the job. For conditions that have intermittent exacerbations, the employer may need to be flexible about how much time an individual employee needs to be able to work from home. An employee who has had surgery or treatment for a disability may need to work from home for an extended amount of time. An interactive meeting between the employee and the employer to discuss the issue of working from home would be vital in working out the details.

For guidance on how the Computer/Electronic Accommodations Program (CAP) supports Federal agency telework policies by providing services and accommodations for employees with disabilities who telework as a form of reasonable accommodation, see: http://cap.tricare.mil/Programs/Employment/Telework.aspx.

For information the tangible value of telework and serving the emerging educational and communication requirements of the Federal teleworker community, see: http://www.teleworkexchange.com.

For more information on telework as an accommodation contact JAN and speak to a consultant.

- Melanie Whetzel, M.A., Consultant, Cognitive / Neurological Team

4 - Going Green in the Workplace Series: Going Green the Photosensitive Way

With Federal "green" legislation supporting the reduction of incandescent light bulb use, individuals with disabilities who are light sensitive, also called photosensitive, may find they need to request workplace accommodations more frequently than in the past.
Numerous conditions can cause photosensitivity such as lupus, Lyme disease, Bloom's Syndrome, skin cancer, some skin conditions, migraine headaches, seizure disorders, and sensitivities caused by certain medications.
Accommodations for photosensitivity can include:

Lower wattage of overhead lights

Task or alternative lighting

Full spectrum lighting and/or filters

Flicker free lighting

Tinted optical wear

Workstation relocation

Window treatments

The following situations illustrate how these accommodations are used for employees with photosensitivity:

An office worker with Lyme disease experienced eye pain and fatigue and requested a corner cubicle with floor to ceiling walls, removal of the fluorescent light above the workstation, and purchase of an incandescent desk lamp.

A medical registrar with lupus had difficulty reading patient files, concentrating on conversations with patients, and increasing fatigue over the course of the day. She subsequently requested UV filters for fluorescent lights throughout her work area.

An elementary school teacher experiencing migraines from the fluorescent lighting in the classroom requested replacing these lights with halogen bulbs in her classroom and UV shades for her windows.

A cancer survivor with photosensitivity was allowed a modification to a dress code policy to wear a hat and long sleeves to manage the side effects of chemotherapy. In addition, she was allowed a 10 minute break after 4 hours to re-apply sunblock.

A consultant with Bloom's Syndrome wears protective clothing and turns off overhead fluorescent lighting in her private office when necessary to manage eye strain, fatigue, pain, and UV rash.

A patient transporter experiencing photosensitivity secondary to scleroderma was reassigned as a patient care coordinator, which allowed him to work from home.

With careful planning, "going green" benefits everyone, including people with disabilities.

5 - Material Lifting Devices, Part 1 of a Continuing Series

As a means of preventing workplace injuries involving heavy lifting, carrying, or moving items, one must first practice safe lifting techniques, then consider devices or products to assist with these problematic activities, and finally never lift heavy items without assistance. Basic procedures for lifting, carrying, or moving heavy items include keeping the object close to one's body, keeping one's body straight, and using one's leg muscles to do the actual lifting, not back muscles.

Many material lifting devices are designed for use with large, heavy objects, but several of JAN's inquiries involve lifting activities in a small work environment like an office or stockroom. Workers are often expected to lift and move heavy boxes of computer paper, small appliances, freight parcels, or computer related items. Small but heavy items can be difficult to lift, carry, or move in confined spaces. Compact, portable lifting devices can boost productivity and reduce injuries to the worker. Two recent examples of JAN calls illustrate these points.

An employee of a county government agency was unable to occasionally lift heavy boxes of tax records due to limitations associated with a back condition. She also felt pain when bending to lift the boxes. JAN suggested the use of the Genie Load-Lifter because it is designed to lift small but heavy items; the user is also precluded from the bending activity when using this portable lift device.

A computer technician at a hospital was having difficulty lifting and carrying various pieces of computer components due to restrictions associated with a knee condition. JAN suggested the use of a compact, portable material lift with a flat platform that would hold the equipment in place while he made repairs at an appropriate height in relation to his knee. The same piece of equipment was useful for lifting and carrying the load to other areas of the site.

Portable, self-contained material lifting devices can be operated by one person in a variety of settings. Often these devices allow any size user to move heavy loads. Some of these lifts are operated manually, others have electric features. Below are product links to equipment suitable for use in offices, stockrooms, or warehouses:

The Job Accommodation Network does not sell lifting devices, but we do make information available as to manufacturers and distributors of lifting devices. For more information regarding product information, prices, specifications, and vendors, visit JAN's SOAR at:

6 - Phobias in the Workplace

A Federal employee with a fear of confinement cannot wear a seatbelt. A delivery driver living near a large city cannot drive through the actual city with overpasses and bridges. A water treatment worker cannot do the job of checking irrigation systems for fear of snakes. A sales manager for a national corporation cannot fly on a small airplane. All of these employees have a fear that might prohibit them from doing their jobs. Are these fears considered phobias? Are phobias disabilities under the Americans with Disabilities Act? What accommodations will work for individuals with these various fears? These are some of the types of questions JAN consultants answer for employees and employers alike concerning phobias.

We answer the question of whether a phobia is a disability the same as we answer any question about whether a particular medical condition would qualify as a disability under the ADA. Following the definition of disability under the ADA Amendments Act (ADAAA), each case would be looked at on an individual basis. Because a phobia would likely be a mental impairment, we would look at whether the impairment substantially limits the individual in one or more major life activities. Major life activities include but are not limited to breathing, sleeping, and concentrating. A major life activity also includes the operation of a major bodily system such as the respiratory or circulatory system.

According to NAMI, the National Alliance on Mental Illness, phobias are irrational, involuntary, and inappropriate fears of (or responses to) ordinary situations or things. People who have phobias can experience panic attacks when confronted with the situation or object about which they feel phobic. A category of symptoms called phobic disorder falls within the broader field of anxiety disorders. Phobias are usually long-term, distressing disorders that keep people from ordinary activities and places. They can lead to other serious problems, such as depression.

No matter what type of phobia you have, it is likely to produce the following reactions: a feeling of uncontrollable anxiety when exposed to the source of your fear, the feeling that you would do anything to avoid what you fear, and the inability to function normally because of your anxiety. Even knowing that your fears are unreasonable or exaggerated does not help, because you may be powerless to control them.

According to the above information, a phobia could very well be considered a disability under the ADA and might very likely need to be accommodated in the workplace. Let us look at the phobias presented earlier and see what accommodation might be provided to enable the employees with these specific limitations to continue working.

For the Federal worker who could not use a seatbelt, asking for an exemption from the Executive Order 13043 that requires Federal workers to use a seatbelt when traveling on official business was discussed, as well as reassignment to a position that did not require travel.

For the driver who could not travel within the city, he was accommodated with routes that would not lead into the city limits, and other employees were allowed to take the city routes. He might have fewer routes than other employees at times, but he agreed to the accommodation that would enable him to drive without the fear of a panic attack.

For the water treatment worker who was afraid of snakes, JAN recommended looking into kevlar gaitors and gloves for protection against snake bites. Reassignment to an open position the employee was qualified for that did not involve outdoor exposure to snakes was also discussed.

For the sales manager who could not fly on small planes, he was accommodated with travel by bus or allowed to drive himself when possible for the shorter trips when a smaller plane would be warranted. The employer was also looking at the manager's attendance at meetings by tele/webconferencing when possible instead of going in person.

Contact JAN if you have questions about phobias and how they might affect work situations.

- Melanie Whetzel, M.A., Consultant, Cognitive / Neurological Team

7 - The Job Accommodation Process for Individuals with Speech and Language Impairments: An Introduction for Service Providers

Teresa Goddard and Beth Loy presented a poster session on The Job Accommodation Process for Individuals with Speech and Language Impairments: An Introduction for Service Providers part of the 11th Annual Conference of ASHA Special Interest Division 12 (Augmentative and Alternative Communication - AAC), which took place in Orlando, FL, from January 24-26, 2011. For additional information, visit http://www.atia.org/i4a/pages/index.cfm?pageid=3904

Successful employment of individuals with speech and language impairments depends on finding the right tools to bridge the gap between their needs and their opportunities. Speech and language impairments may impact one's ability to communicate effectively with supervisors, coworkers, and members of the public. Individuals with speech and language impairments may have difficulty speaking with sufficient volume, speaking fluently, speaking clearly, and understanding others. This can be especially problematic during instruction about workplace processes and procedures; understanding written communication; and expressing thoughts, ideas, and feelings. These limitations may result in difficulty giving and receiving information necessary to complete work related tasks.

Service providers may assist in the job accommodation process by providing medical documentation and information about assistive technology such as AAC devices that will optimize job performance and strategies for effectively using AAC devices during work related tasks. By attending this session participants learned about ways to support individuals with speech and language impairments who are seeking reasonable accommodation in the workplace. Topics included how to develop successful accommodation solutions that involve speech and language impairments and AAC use and how to implement an effective accommodation process. Participants also learned about the benefits and costs of workplace accommodation solutions while exploring individual accommodation scenarios involving individuals with speech and language impairments.

- By Teresa Goddard, M.S., Consultant, Sensory Team

8 - JAN Releases New Resources

JAN Releases Fact Sheets on The Interactive Process. According to the Equal Employment Opportunity Commission (EEOC), the interactive process is not necessarily required under the Americans with Disabilities Act (ADA), but from a legal standpoint, going through the process is a way for employers to show that they are making a good faith effort to comply with the ADA. And from a practical standpoint, it is a way to streamline the accommodation process and help insure that effective accommodations are provided. >> Learn more about JAN's step-by-step "Interactive Process."

JAN Releases Fact Sheets on The Interactive Process: The Federal Sector. The Rehabilitation Act of 1973 requires the Federal sector to provide effective, reasonable accommodations for employees with disabilities. To help determine effective accommodations, the Equal Employment Opportunity Commission (EEOC), recommends that agencies use an "interactive process," which simply means that employers and employees with disabilities who request accommodations work together. An effective interactive process is essential to Federal agencies in complying with Executive Order 13548. >> Learn more about JAN's step-by-step "Interactive Process: The Federal Sector."

JAN Releases Two New Sample Forms for the Accommodation Process. There are many benefits for employers in documenting their efforts to accommodate employees with disabilities - improved communication with employees, consistency, and proof they made a good faith effort to comply with the ADA. To help employers with their documentation, JAN has developed several sample forms, including new forms for approving or denying an accommodation request. >> Download a form.

JAN Releases Practical Guidance for Medical Professionals: Helping Patients Write Effective Accommodation Request Letter. Medical professionals can play a key role in the success of workplace accommodations for their patients with disabilities by helping them write effective accommodation request letters and providing sufficient medical documentation. JAN has developed a sample letter and additional guidance to streamline this process. >> Learn more about helping patients write effective accommodation request letters.

JAN Distributes Consultants' Corner. JAN distributes issue on "A Support Person as an Accommodation" to address frequent questions JAN callers ask about having a support person accompany them to various employee / employer meetings. >> Read the Consultants' Corner.

JAN Provides Access to First of Three Federal Employer Winter Webcast Series Events - Hiring People with Disabilities in the Federal Government. This Webcast covered how to conform with Executive Order 13548, which calls for Office of Personnel Management (OPM) to work with the Department of Labor, the Equal Employment Opportunity Commission, and the Office of Management and Budget to design model recruitment and hiring strategies. Speakers also provided an overview of the use of the Schedule A appointing authority, 5 CFR §213.3102(u), to hire qualified candidates who meet the OPM's guidelines non-competitively.
>> View archive.

JAN Research Highlighted. Read more about JAN research in an article published by the Journal of Vocational Rehabilitation, titled Employers' Perceptions of the Benefits of Workplace Accommodations: Reasons to Hire, Retain, and Promote People with Disabilities. >> Read more.

JAN Consultant Publishes to Disability.gov Blog. Career Connection Series: "What can be done to make service dogs easier to accept in the workplace?" This is a great question, and it's one that we're hearing a lot at the Job Accommodation Network (JAN) as more and more people with disabilities start using service animals.
>> Access the Career Connection Series.

Statement by Secretary of Labor Hilda L. Solis on the Death of R. Sargent Shriver. >> Read statement.

OPM Issues Memorandum Regarding Model Strategies for Recruitment and Hiring of People with Disabilities as Required Under Executive Order 13548. On July 26, 2010, President Obama issued Executive Order (EO) 13548, which directs Executive departments and agencies to improve their efforts to employ Federal workers with disabilities and targeted disabilities through increased recruitment, hiring, and retention of these individuals. OPM, in consultation with the White House, the Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the Office of Management and Budget (OMB), has developed, as required by the EO, model recruitment and hiring strategies for agencies to use to increase their employment of people with disabilities. >> Download Model Strategies.

Wage and Hour Connects Workers To New ABA-Approved Attorney Referral System. Thanks to an unprecedented collaboration between the Wage and Hour Division and the American Bar Association Standing Committee on Lawyer Referral and Information Service (ABA LRIS), the Wage and Hour Division will now connect workers to a local referral service that will, in turn, provide the workers with access to attorneys who may be able to help with basic employment protections under the nation's minimum wage, overtime, and family medical leave laws. This collaboration will both provide workers a better opportunity to seek redress for Fair Labor Standards Act and Family Medical Leave Act violations and help level the playing field for employers who want to do the right thing.
>> Get more details.

US Labor Department Upgrades 'Re-employment' Web Portal. The Website now offers a single source for information on jobs, career training, unemployment benefits, and assistance with necessities such as food, housing, health care and utility payments. >> Get more information.

Job Bias Charges Increase.
The EEOC Reports Job Bias Charges Hit Record High of Nearly 100,000 in Fiscal Year 2010. >> Get more information.

Federal Dispute Resolution Conference To Be Held August 8-11, 2011, in Palm Desert, CA. Now in its 26th year, the Federal Dispute Resolution Conference has been the leading training event for Federal civil service law practitioners and professionals to gain expert insights into hot-button issues and emerging trends.
>> Register now.

National ADA Symposium To Be Held May 8-11, 2011, in Las Vegas, NV. JAN staff will be presenting at the National ADA Symposium.
The 2011 ADA Symposium will be providing the latest
information on new regulations, accessibility standards, and the ADA Amendments Act from the
Federal agencies that develop the regulations. >> Register now.

2011 USBLN® Annual Conference & Expo -
"Aligning Disability with the Bottom Line: Talent, Market Share, and Supplier Diversity" To Be Held
in October 16-19, 2011, in Louisville, KY. Be sure to mark your calendar for Louisville, Kentucky on October 16-19, 2011, for the US Business Leadership Network's 14th Annual Conference at the Louisville Marriott Downtown hotel. The 2011 USBLN® Annual Conference & Expo is the preeminent national employer-to-employer event that taps into the vast economic potential of people with disabilities.
This conference brings corporate, government, disability-owned businesses and BLN affiliates together to create workplaces, marketplaces, and supply chains where people with disabilities are fully included as professionals, customers, and entrepreneurs. >> Register now.

10 - JAN Exhibit and Training Schedule

Events of particular interest: Get the most up-to-date and comprehensive training on employing people with disabilities. To view the complete JAN travel schedule go here: http://AskJAN.org/training/On-the-Road.htm

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This document was developed by the Job Accommodation Network, funded by a cooperative agreement from the U.S. Department of Labor, Office of Disability Employment Policy (DOL079RP20426). The opinions expressed herein do not necessarily reflect the position or policy of the U.S. Department of Labor. Nor does mention of tradenames, commercial products, or organizations imply endorsement by the U.S. Department of Labor.